NASARUDHEEN T.P vs ADMINISTRATOR U.T. OF LAKSHADWEEP

1.The respective petitioners in B.A.Nos.3201, 3292

and 3738 of 2017 are respectively accused Nos.8,

6 and 7 in crime no.1/2017 of Chetlath police

station in Chetlath island of Lakshadweep. The

offences alleged against them are those

punishable under Secs 4, 6, 8 and 10 of the

PoCSO Act besides Secs 120B and 376D of IPC read

with IPC 34. The petitioners who are in custody

seek bail under Sec. 439 of Cr.P.C .

2.The case of the prosecution is that the

petitioners and the other accused in the case

had taken a physically challenged minor girl to

a vacant house to commit rape on her and

committed rape.

3.Heard the learned counsel appearing for the

petitioners and also the learned government  counsel for Lakshadweep administration.

4.The respective petitioners filed B.A.Nos 2560,

2279 and 2566/2017 which met dismissal at my

hands on 25.4.2017. It was stated in the common

order disposing of those applications that there

were materials against the petitioners including

the statements of the victim girl given under

Secs 161 and 164 of Cr.P.C . The investigation

was in progress at the point of time at which

the earlier applications were dismissed. There

is change of circumstance inasmuch as the final

report under Sec.173(2) of Cr.P.C has been

filed. Therefore, and since there is no ground

to keep the petitioners in custody any further,

I am inclined to grant them bail.

5.At the same time I have to consider the

submissions of the learned government counsel

for Lakshadweep administration. According to the

learned counsel, there is every possibility of

the victim girl and other important witnesses

being intimidated or influenced by the

petitioners if enlarged on bail. The said

anxiety of the learned counsel can be taken care

of while imposing conditions. The learned

counsel for the petitioners has volunteered that

the petitioners will not enter the island where

the victim is residing. The learned government

counsel for Lakshadweep administration submits

that the victim girl is being taken to Kavarathi

island for counselling. Therefore the entry of

the petitioners into that island should be

restricted.

6.The applications are allowed. The petitioners

shall be released on bail on each of them

executing a bond for Rs.75,000/- with two

solvent sureties each for the like sum to the

satisfaction of the special court. They shall

not intimidate or attempt to influence

witnesses. Nor shall they destroy or tamper with

evidence. The petitioners shall not enter the

Chetlat island till the case against them is

terminated. Till such time they shall not enter

the Kavarathi island except for appearing in any  court or to comply with the direction of any

other competent authority. The petitioners shall

not communicate with the victim directly or

indirectly by any mode. In the event of any

casualty in the respective families of the

petitioners, the petitioner concerned may enter

the Chetlat or Kavarathi island, but only with

the permission of the special court. If the

judge of the special court is unavailable at his

headquarters for any reason, permission of the

investigating officer shall be obtained. If the

investigating officer is also absent, then the

permission of the station house officer of the

police station concerned shall be obtained. The

special court is hereby empowered to cancel the

bail in the event of violation of any of the

above conditions.